2023-09-15 12:04:10
The thief filmed and shown on social networks has the right to file a complaint for damage to his image and misuse.
To obtain a precise answer and go beyond the inevitable “oh, the trader doesn’t risk much“, we contacted Maître Isgour, specialist in image rights and author of reference books on the subject.
The matter is played out in public liability and not to criminal. The thief filmed and shown as fodder on social networks (the modern form of the tarred and feathered thug in the public square) has every right to file a complaint for damage to one’s image and misuse. If he knows his rights. A moral compensation is therefore arguable before the courts… but.
The victim will have to prove to the judge his moral injury. But in this matter, Belgium is not France and even less so the United States where recognized punitive damages can make litigants very rich.
If our thief mentions depression following the diffusion of his image, that he believes he no longer has any friends, the judge will probably award him no more than the symbolic euro.
If he can prove that he had to undergo therapy requiring medication, he can hope to obtain between 500 and 1000 euros, estimates Maître Isgour.
For this specialist in image rights, these repeated cases of abusive use of surveillance cameras demonstrate above all the lack of police resources who is responsible for finding thieves in stores.
Of the police officers outnumbered who are entrusted with too many energy-consuming administrative tasks.
Even if we now know exactly what the merchant (or individual) who publishes photos of burglars risks, and that indeed, it is not much, the practice remains illegal and should certainly not be encouraged. So as not to be seen as an outlaw in turn.
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